H & R Builders, Inc. v. Borough Council

Opinion by

Judge Craig,

This court must now revisit the question of whether a zoning ordinance which totally prohibits townhouses, while allowing other classes of multi-family dwellings, is invalid as de jure exclusionary in the absence of a specific police power justification being established by the municipality, without the necessity of applying the “fair share” test laid down for defacto exclusions in Surrick v. Zoning Hearing Board of Upper Providence Township, 476 Pa. 182, 382 A.2d 105 (1977).

Alternatively, this court must consider whether a municipality’s total prohibition of junkyards…